Immigration to US via marriage to GC holder

anonymous12

Registered Users (C)
I am US green card holder and I would be eligible for US citizenship next year. If I marry someone who lives outside of USA what are my options and how long will it take for her to come to USA? I was looking into that and here are my few thoughts, any suggestions what else could I do as I really want to get married?

Option 1: Apply for investor GC for her but I don't have $500k spare change.

Option 2: If I marry now and apply for her GC based on my GC status, and I found current priority date is 2004 then it will take her like 5-6 years to come to USA.

Option 3: Apply for US citizenship and If I get it (hopefully there should not be any issues), then it will take even longer based on current priority dates. Why is that? I heard it used to be 1 or 2 years for spouses of US citizens to get GC and come to USA.

Option 4: Wait until next year until I get my citizenship then apply for fiance visa for her. Does this work for South Asian countries? I am sure visa officials know most parents don't send their daughters to USA on fiance visa in order to get married in USA. How most people do it? What is definition of marriage here in USA? Is Nikah is considered to be married?
 
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GotPR?

Registered Users (C)
Option 3: Apply for US citizenship and If I get it (hopefully there should not be any issues), then it will take even longer based on current priority dates. Why is that? I heard it used to be 1 or 2 years for spouses of US citizens to get GC and come to USA.
Hmm.. I thought visa numbers were available to IR all the time. I have been off immigration stuffs last few months and something got changed lately ?
 

Jackolantern

Registered Users (C)
Option 3: Apply for US citizenship and If I get it (hopefully there should not be any issues), then it will take even longer based on current priority dates.
Spouses of US citizens don't have visa number limitations and are not subject to priority date cutoffs. Once you become a US citizen, your spouse is immediately eligible for a green card (you both still need to follow the process, which should take less than 15 months).
 

anonymous12

Registered Users (C)
Gc

Thanks guys.

I don't know if K1 work or does not work for South Asians but I never heard people are bringing their spouses from south asia on K1 and get married here in USA. I just don't know about it. I can tell from my own close and extended family, no one will let their daughter go on K1 with a hope they will get married in USA. This may be just culture issue.

Tripple Citizen: Does having only a Nikah (no actual marriage rituals) overseas is considered to be legally married in USA?

What are non immigrant investor visas? I heard there some visas like L1 or E visa and in some cases you need less investment like $100K. Could any one tell what categories available and what are the requirements?
 

anonymous12

Registered Users (C)
Spouses of US citizens don't have visa number limitations and are not subject to priority date cutoffs. Once you become a US citizen, your spouse is immediately eligible for a green card (you both still need to follow the process, which should take less than 15 months).

Jackolantern:

From where I could find this information and is there any official processing time for spouses of US citizens to get therir GC application approved providing there is no special issues?

Does any one know practically, how long does it take for spouses of GC holders to have their GC application approved? According to May 2009 visa bulletin it is 08OCT04 which means it will take approximately 5 years according to this date. Is this processing time has been increasing or decreasing over last few years?
 

Singh4US

Registered Users (C)
Does having only a Nikah (no actual marriage rituals) overseas is considered to be legally married in USA?

The "Nikah Nama" along with the certified English translation should be fine as the "Nikah Nama" is the actual marriage certificate.
 

Triple Citizen

Registered Users (C)
If the nikah is not considered as a legal marriage ceremony in the jurisdiction of where it took place, then the couple can use the K-1 option.
If it is considered a legal marriage ceremony, then the US immigration system will also consider it a legal marriage.

Triple Citizen: Does having only a Nikah (no actual marriage rituals) overseas is considered to be legally married in USA?
 
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anonymous12

Registered Users (C)
Thanks Triple Citizen: Just want to know your opinion.

I think once you had Nikah Nama you have to register it as well to constitute it to be valid.

Does Nikah in USA considered marriage?
Does Nikah is considered married in your native Pakistan?

Reason for asking this one needs to have marriage certificate to be officially married here in USA so not sure about Nikah nama alone.
 

Singh4US

Registered Users (C)
The "Nikah Nama" along with the certified English translation should be fine as the "Nikah Nama" is the actual marriage certificate.


Thanks Triple Citizen: Just want to know your opinion.

I think once you had Nikah Nama you have to register it as well to constitute it to be valid.

Does Nikah in USA considered marriage?
Does Nikah is considered married in your native Pakistan?

Reason for asking this one needs to have marriage certificate to be officially married here in USA so not sure about Nikah nama alone.


You may receive a RFE which may state:

Submit evidence that your marriage was conducted in accordance with the particular act governing your marraige.

If married under the Muslim Law on Marriage, submit a copy of your marriage contract (Nikah Nama) with an English translation.

Also for immigration purposes the evidence in each case must establish that your marriage has been registered even if not required to do so and must be accompanied by marriage photographs taken during the religious ceremony and celebration.


If the parties are married in a Muslim religious ceremony, the certificate issued by the religious authority (e.g., the mosque’s Nikah Nama, etc.) generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary.

You can get an English translation (PDF Fillable Form) and Atestment from the Consulate General of Pakistan New York. The fee is $5. Please see the links in the left column: pakistanconsulateny org
 

Triple Citizen

Registered Users (C)
I have no knowledge of this. My civil marriage ceremony and nikah both took place in the US. I do not know if every nikah in Pakistan is automatically considered a legal marriage there. I do know that if it is considered a legal marriage in Pakistan, then it will be considered a legal marriage in the US.


I think once you had Nikah Nama you have to register it as well to constitute it to be valid.

Does Nikah in USA considered marriage?
Does Nikah is considered married in your native Pakistan?
 

anonymous12

Registered Users (C)
I have no knowledge of this. My civil marriage ceremony and nikah both took place in the US.

But don't you have to get marriage certificate then register your nikah nama after ceremony with county clerk's office in order to be valid as married?

I think marriage is governed by state law here in USA. If you just go to a mosque here in USA and ask imam there to perform nikah in the presence of 2 witnesses, you may be married religiously speaking but would you be married in the eye of state law?
 

Triple Citizen

Registered Users (C)
My civil marriage took place in November 2002. Legally I got married that day. My K-1 based AOS was filed the very next day.
My nikah took place in January 2003 at my father-in-law's house, in the presence of two clerics. That had no connection whatsoever to the fact that according to the law of the land, I was already married :)


But don't you have to get marriage certificate then register your nikah nama after ceremony with county clerk's office in order to be valid as married?

I think marriage is governed by state law here in USA. If you just go to a mosque here in USA and ask imam there to perform nikah in the presence of 2 witnesses, you may be married religiously speaking but would you be married in the eye of state law?
 

anonymous12

Registered Users (C)
My civil marriage took place in November 2002. Legally I got married that day. My K-1 based AOS was filed the very next day.
My nikah took place in January 2003 at my father-in-law's house, in the presence of two clerics. That had no connection whatsoever to the fact that according to the law of the land, I was already married :)

Thanks again Triple Citizen:

If you are married first (civil ceremony), then how can your spouse apply for your K1? I thought K1 is fiance visa so marriage has to happened after you file K1 and in the USA.
 

anonymous12

Registered Users (C)
Thanks Triple Citizen:

Do you know about other non immigrant investor visas via which your spouse can come to USA? I heard there some visas like L1 or E visa and in some cases you need less investment like $100K. Could any one tell what categories available and what are the requirements?

I don't think H1b or L1 will work in my case as you need job, skills and qualified employer etc.

Just curious to know about E visa? Could you any one share any experience and what kind of business will qualify? for example owning a stake in a gas station will work?
 

anonymous12

Registered Users (C)
Thanks,

There are 2 investment visa category

One is immigrant visa via which you will get GC and there requirement is 500K or 1M depending upon investment in a project etc plus other requirements.

I am talking about non-immigrant visa which does not lead to GC at all and all you can do is renew it every year. There I read online that you need to own a business and have some sort of role (I am trying to figure out what capacity) to run the business. It does not say at all how much $$ is needed and all it say some business or entrepreneurship to run with this investment.

Any one?
 

anonymous12

Registered Users (C)
They are lots of countries on that list, and beneficiary's home country is on the list.
 
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